B-144844, MAY 11, 1961
Highlights
TO INTERNATIONAL HARVESTER COMPANY: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF JANUARY 17. THE BIDS WERE SOLICITED ON AN F.O.B. FOUR BIDS WERE RECEIVED IN RESPONSE TO THE INVITATION. THE BID OF INTERNATIONAL HARVESTER COMPANY WAS THE LOWEST RESPONSIVE BID RECEIVED ON AN F.O.B. AFTER ADDING TRANSPORTATION COSTS IT WAS DETERMINED THAT THE BID OF WILLYS MOTORS. RESULTED IN THE LOWEST TOTAL COST TO THE GOVERNMENT AND THE AWARD WAS MADE TO WILLYS MOTORS. IT WAS STATED IN YOUR BID THAT THE VEHICLES WOULD BE SHIPPED TO CERTAIN OF THE SPECIFIED DESTINATIONS BY LOADING EIGHT VEHICLES PER 53 FOOT. THE POST OFFICE DEPARTMENT ADVISED THE GENERAL SERVICES ADMINISTRATION THAT SUCH METHOD OF LOADING WAS UNSATISFACTORY TO THE POST OFFICE DEPARTMENT AS THEY HAD NEITHER THE PERSONNEL NOR THE EQUIPMENT TO ACCOMPLISH THE UNLOADING AT DESTINATION AND TO ATTEMPT UNLOADING UNDER THESE CONDITIONS WOULD ENDANGER THE SAFETY OF ITS EMPLOYEES.
B-144844, MAY 11, 1961
TO INTERNATIONAL HARVESTER COMPANY:
FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF JANUARY 17, 1961, AND SUBSEQUENT CORRESPONDENCE PROTESTING THE AWARD MADE BY GENERAL SERVICES ADMINISTRATION UNDER INVITATION FOR BIDS NO. FN-3G-32327-A-11-28-60.
THE INVITATION REQUESTED BIDS FOR FURNISHING 2,015 MAIL DELIVERY TRUCKS FOR THE POST OFFICE DEPARTMENT. THE BIDS WERE SOLICITED ON AN F.O.B. POINT OF ORIGIN BASIS. THE INVITATION PROVIDED THAT BIDS WOULD BE EVALUATED BY ADDING TRANSPORTATION CHARGES TO THE 15 BASING POINTS SET FORTH THEREIN TO THE TOTAL COST OF THE VEHICLES AND THAT THE TRANSPORTATION COST WOULD BE BASED ON THE MOST ECONOMICAL RATES AVAILABLE TO THE GOVERNMENT VIA OVERLAND COMMON CARRIER.
FOUR BIDS WERE RECEIVED IN RESPONSE TO THE INVITATION. THE BID OF INTERNATIONAL HARVESTER COMPANY WAS THE LOWEST RESPONSIVE BID RECEIVED ON AN F.O.B. ORIGIN BASIS. HOWEVER, AFTER ADDING TRANSPORTATION COSTS IT WAS DETERMINED THAT THE BID OF WILLYS MOTORS, INCORPORATED, RESULTED IN THE LOWEST TOTAL COST TO THE GOVERNMENT AND THE AWARD WAS MADE TO WILLYS MOTORS, INCORPORATED.
IT WAS STATED IN YOUR BID THAT THE VEHICLES WOULD BE SHIPPED TO CERTAIN OF THE SPECIFIED DESTINATIONS BY LOADING EIGHT VEHICLES PER 53 FOOT, 6- INCH RAILROAD CAR. HOWEVER, THE POST OFFICE DEPARTMENT ADVISED THE GENERAL SERVICES ADMINISTRATION THAT SUCH METHOD OF LOADING WAS UNSATISFACTORY TO THE POST OFFICE DEPARTMENT AS THEY HAD NEITHER THE PERSONNEL NOR THE EQUIPMENT TO ACCOMPLISH THE UNLOADING AT DESTINATION AND TO ATTEMPT UNLOADING UNDER THESE CONDITIONS WOULD ENDANGER THE SAFETY OF ITS EMPLOYEES. THE CONTRACTING OFFICER AGREED WITH SUCH RECOMMENDATION AND THEREFORE THAT METHOD OF LOADING THE VEHICLES WAS NOT CONSIDERED IN EVALUATING THE BIDS FOR AWARD. HOWEVER, IF INTERNATIONAL HARVESTER WERE PERMITTED TO LOAD THE VEHICLES EIGHT PER CAR ITS BID WOULD HAVE BEEN LOW.
IT IS REPORTED THAT THE EIGHT PER CAR LOADING PROPOSED BY INTERNATIONAL HARVESTER COMPANY IS UNUSUAL IN THAT ONLY ABOUT HALF OF THE OUTBOARD REAR TIRE AND NO PORTION OF THE OUTBOARD FRONT TIRE OF EACH VEHICLE RESTS ON THE RAILROAD CAR WHEN THE BLOCKING HAS BEEN REMOVED. INTERNATIONAL HARVESTER CONTENDED THAT IT COULD BE DEMONSTRATED THAT CARS SO LOADED COULD BE UNLOADED WITHOUT UNDUE DIFFICULTY OR DANGER TO POSTAL EMPLOYEES AND SUGGESTED THAT A TEST UNLOADING BE ARRANGED. THE TEST WAS PERFORMED IN BRIDGEPORT, CONNECTICUT, ON FEBRUARY 14, 1961, WITH REPRESENTATIVES OF THE GENERAL SERVICES ADMINISTRATION AND THE POST OFFICE DEPARTMENT PRESENT. THE DEMONSTRATION, WHICH COVERED THREE VARIANTS OF THE EIGHT PER CAR LOADING, WAS CONSIDERED AS SUPPORTING THE VALIDITY OF THE POST OFFICE DEPARTMENT'S POSITION THAT THE UNLOADING OF THE VEHICLES SHIPPED EIGHT TO A CAR WOULD EXPOSE POSTAL UNLOADING PERSONNEL TO EXTRAORDINARY HAZARDS AND DANGER TO PERSONAL SAFETY, AND THAT SUCH PROPOSED LOADING ACCORDINGLY WAS NOT FOR CONSIDERATION.
IN ADDITION TO THE DANGERS TO PERSONNEL FROM UNLOADING OPERATIONS, THE "HIGH" LOADING METHOD WITH WHEELS ON WAS REGARDED AS PRECARIOUS AND WAS NOT RECOMMENDED BY EITHER THE GOVERNMENT OR INTERNATIONAL HARVESTER REPRESENTATIVES. FOR THE LOWER LOADING WITH THE WHEELS REMOVED IT IS REPORTED THAT SPECIAL IDENTIFICATION OF CERTAIN OF THE CHOCKS WOULD BE NEEDED AND SPECIAL TOOLS WOULD HAVE TO BE ISSUED TO PERMIT THE UNLOADING DUE TO THE LIMITED SPACE BETWEEN THE FRONT AXLE AND THE CAR FLOOR.
IN YOUR LETTER OF MARCH 27, 1961, IT IS CONTENDED THAT THE INVITATION CONTEMPLATED THAT EVALUATION WOULD BE MADE SOLELY ON THE BASIS OF THE PRICE QUOTED PLUS TRANSPORTATION COSTS TO THE FIFTEEN DESTINATIONS SPECIFIED. THERE WERE SUBMITTED WITH THE LETTER COPIES OF FIVE BILLS OF LADING SHOWING SHIPMENTS WHICH WERE LOADED EIGHT PER CAR.
UNDER THE TERMS OF THE INVITATION BIDS WERE TO BE EVALUATED SOLELY ON THE LOWEST TOTAL COST TO THE GOVERNMENT ON AN F.O.B. ORIGIN BASIS PLUS TRANSPORTATION COSTS BASED ON THE MOST ECONOMICAL RATES AVAILABLE TO THE GOVERNMENT BY OVERLAND COMMON CARRIER. NO DISTINCTION WAS STATED AS APPLICABLE ON ACCOUNT OF THE METHOD OF SHIPMENT OR LOADING. HOWEVER, A REASONABLE INTERPRETATION OF THE PROVISION WOULD REQUIRE THAT THE LOADING BE IN A NORMAL AND USUAL MANNER IN ORDER THAT THE VEHICLES COULD BE UNLOADED WITHOUT UNDUE DIFFICULTY OR HAZARDS TO POSTAL EMPLOYEES.
THE METHOD OF LOADING EIGHT PER CAR HAS BEEN DETERMINED BY THE POST OFFICE DEPARTMENT AND THE GENERAL SERVICES ADMINISTRATION AS NOT AN ACCEPTABLE METHOD. SUCH DETERMINATION APPEARS TO BE BASED UPON REASONABLE GROUNDS AND THEREFORE WILL NOT BE QUESTIONED BY THIS OFFICE. IT IS NOTED FROM THE BILLS OF LADING SUBMITTED WHICH SHOW THAT SHIPMENTS HAVE BEEN MADE LOADED EIGHT PER CAR, THAT ALL SUCH SHIPMENTS WERE MADE BY THE BODY MANUFACTURER IN BRIDGEPORT, CONNECTICUT, TO INTERNATIONAL HARVESTER COMPANY DISTRIBUTION POINTS IN VARIOUS CITIES AND IT IS ONLY REASONABLE TO ASSUME THAT THE INTERNATIONAL HARVESTER COMPANY EMPLOYEES HAVE BEEN INSTRUCTED IN THE PROPER METHOD AND THAT THEY HAVE THE NECESSARY TOOLS AND FACILITIES TO ACCOMPLISH SUCH UNLOADING.
IN THE CIRCUMSTANCES WE FIND NO BASIS TO QUESTION THE ADMINISTRATIVE ACTION TAKEN IN THE MATTER ..END :